Judge decides if man accused of killing deputy could face death penalty

HAMILTON COUNTY — A judge has made his decision on whether the man accused of hitting and killing Hamilton County Sheriff’s Deputy Larry Henderson can face the death penalty.

[DOWNLOAD: Free WHIO-TV News app for alerts as news breaks]

Judge Jody M. Luebbers said in a hearing Thursday that Rodney Hinton’s attorneys have provided “sufficient cause and sufficient reason” that Hinton has a serious mental illness, according to our news partners at WCPO.

News Center 7 previously reported that Hinton Jr. allegedly hit and killed Deputy Henderson, a day after his son was shot and killed by Cincinnati Police.

Evidence from multiple evaluations showed that Hinton suffers from serious mental illness, both Chief Assistant Prosecuting Attorney Kip Guinan and Attorney Clyde Bennett explained in court.

TRENDING STORIES:

WCPO reported that three doctors evaluated Hinton, one of whom was Dr. Jennifer O’Donnell.

In December, O’Donnell testified in court and said she believes he has bipolar disorder.

“In my opinion, his illness impacted his judgment,” O’Donnell said.

Hinton’s attorney said his mental illness could have impacted his actions.

“From day one and from the outset of the case, I told the public, I told the media and I told the court my client did not have the mental wherewithal to understand the wrongfulness of his conduct,” Bennett said.

Ohio law indicates that if someone is found to have SMI that significantly impacts their judgment related to their conduct, they can’t be sentenced to death. Bipolar disorder is a condition considered SMI under the law, WCPO-9 reported.

If convicted, Hinton could face life in prison without parole.

[SIGN UP: WHIO-TV Daily Headlines Newsletter]